BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

29^TH DAY OF JANUARY 2016

O R D E R

SMT. M. YASHODHAMMA, MEMBER

This is a complaint filed by the complainant in person under section 12 of the Consumer Protection Act, 1986 praying for an order against Opposite Parties (herein after referred as OPs) to refund Rs.4,499/- and Rs.3,000/- towards case expenses and call charges in total a sum of Rs.8,500/- on the allegation of deficiency in service. 

2.  The brief averments made in the complaint are as follows:

On 29.10.2014 complainant purchased a product called 7 Inch Dual Core Tablet No.201407112620.  Immediately after delivery of the product complainant noticed that the said product was not in good condition.  He sent an e-mail to Starcj.com requesting them to cancel, but they never replied to the complainant.  Complainant called the Datawind customer care who gave the complaint number.  After filing a complaint complainant escalated the problem to starcj.com who in turn informed complainant to contact Datawind customer care No.01832581330.  Complainant called to that number.  The customer care told the complainant that since complainant has purchased from StarCJ he should contact them again.  Accordingly, complainant called StarCJ who in turn arranged for a conference call with Datawind while escalating the problem for refund they have just disconnected the call of the complainant.  After that he requested many times to arrange for a call back, but till now his problem remained same.  They have closed the matter saying that they have given the customer care number of datawind.  Inspite of many requests and e-mail correspondences OP neither returned the product nor refund the amount.  Hence, complainant felt deficiency in service on the part of the OP.  Under the circumstances, he is advised to file this complaint against OP for appropriate relief.

3.  After registration of the complaint, notice was issued to OPs 1 to 3.  Inspite of service of notice OPs remained absent without any sufficient reason or cause.  Hence OPs were placed exparte and posted the case for filing affidavit of the complainant.

4. So as to prove his case, Sri.Dharmaraj.K, who being the complainant filed his affidavit evidence in support of complaint reiterating the complaint averments and produced documents.

5.  Let us have a cursory glance at the documents produced by the complainant.  Document No.1 are copies of e-mail correspondences dated 30.10.2014, 18.11.2014 from the complainant to OP No.2 stating that he has purchased 7 Inch Dual Core two days back and the product is not in good condition, hence he wanted to return the product and requested OP-2 about how to send back the product.  Further he called Datawind customer care and they are telling that since the complainant has booked the product from StarCJ, he should contact Ms/.StarCJ only for the needful action.

6. On perusal of oral and documentary evidence of the complainant, it is not clear as to from whom the complainant has purchased 7 Inch Dual Core Tablet on 29.10.2014 by paying a sum of Rs.4,4,99/-.  The complainant has not produced the invoice or cash receipt or delivery challan issued by the dealer or the supplier.  Further no material is produced by the complainant in support of his contention that he has purchased the said Tablet from OP 1 or 2.  Since OP has remained exparte, the burden i.e. on the complainant to prove the complaint averments by providing cogent evidences.  In the absence of any material evidence, we are unable to come to the conclusion that complainant proved deficiency in service against OPs.  Further complainant has filed a letter before this Forum on 09.12.2015 stating he has received a sum of Rs.4,499/- from NEFT as per the order sheet dated 09.12.2015.  Thus complainant has received entire amount of Rs.4,499/- towards refund of the Tablet.  However, he has failed to prove deficiency in service against OP by producing cogent material evidence in support of his complaint averments.  Under the circumstances the complaint is liable to be dismissed as devoid of merits.  Accordingly, we proceed to pass the following:

                                  O R D E R

1. The complaint filed by complainant is dismissed.  No order as to costs.

2. Supply free copy of this order to both the parties.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Forum by us on this the 29^th day of January 2016)

 MEMBER                         MEMBER                       PRESIDENT

NRS*  

CC.No.1986/2014

Witnesses examined on behalf of the complainant dated 15.10.2015 1) Sri.Dharmaraj.K,

OPs – Absent

MEMBER                         MEMBER                        PRESIDENT